Our new government has been quite busy looking at ways to change employee rights - for example tightening up on employers' responsibilities for bullying and sexual harassment in the workplace, to name but a couple. And that’s all within the first few months of being in power.
"Ah, but the laws haven’t been passed yet", I hear you say. True, but that means you only have a few months to make sure you have your house in order, with all the right policies, processes and training firmly in place.
There has been a lot of information and many rumours about the potential changes happening from an employment law/rights perspective. The Prime Minister’s office is describing these changes as: “The biggest upgrade to workers’ rights in a generation”. (PM’s office, 10 October 2024)
What Labour promised
In their election manifesto and “Plan to Make Work Pay”, as well as in the King's Speech to Parliament in July 2024, Labour promised an Employment Rights Bill within its first hundred days in government, as part of its plan to deliver:-
• On its mission to grow Britain’s economy;
• Raised living standards across the country;
• A plan to ensure more people stay in work, with family-friendly enhancements;
• Stronger trade unions and collective bargaining.
Some of these proposed changes will take time to get through the Parliamentary process, and some plans may change as they pass through. There are also longer-term plans to reform definitions of "worker", and ethnicity and pay gap reporting changes among others.
In the meantime, this what you need to know now:
Sexual Harassment: - From 26th October 2024, regulations were extended to require employers to take “all reasonable steps” to prevent sexual harassment to include third party harassment.
What this means for you: - Going forward it will no longer be enough just to have a harassment and bullying policy. In the event of a sexual harassment and bullying claim going to tribunal you will have to demonstrate that as an employer you have done more. This might start with a risk assessment on current practice, providing training to all employers on harassment and bullying, even doing some employee engagement to test how psychologically safe your employees feel.
Day One Unfair Dismissal Rights: - Currently employees cannot claim unfair dismissal unless they have two years employment. The current plan is to change this to zero, meaning that employees can claim unfair dismissal from day one of employment with your Company. There is talk that ACAS may provide a code of conduct in relation to probationary periods.
What this means for you: - Employers will need to review how probationary periods operate and ensure that they are robust. Line Managers will need to be trained to have difficult performance related discussions. In many Companies employees pass the end of probationary periods with no assessment or review. You may also want to consider increasing the duration of your current probation periods giving more time to assess the capabilities and fit of new joiners.
Removal of qualifying periods for Parental and Paternity leave: - Currently employees must have worked with the employer for 26 weeks before they can request Paternity leave and one year to request Ordinary Parental leave. The plan is to remove this, meaning employees could request them from day one of employment.
What this means for you: - Policies and contractual terms will need to be updated and managers and HR Teams will need to be trained on the details of the new processes. HR Information systems and request procedures will need to be updated to reflect the changes.
We are monitoring developments and will update you on these other potential changes in a later blog:
• Bereavement Leave: - to become a statutory right.
• Enhanced Maternity Protections: - During and after periods of Maternity leave.
• Right to Request Flexible Working: - Any refusals must be deemed ‘reasonable’, and employees must be given the reasons in writing.
• Statutory Sick Pay: - Consultations are ongoing to make reforms to statutory sick pay.
• Fire and Rehire: - The practice of firing someone and immediately rehiring them on an altered contract, often used to try and harmonise contracts. Labour plan to make changes to ensure ‘unscrupulous’ fire and rehire does not happen going forward.
• Zero Hours: - A plan to end exploitative zero hours contracts. Seeking guaranteed hours and reasonable notice for changes.
There is a lot going on in the Employment space and this can feel daunting. The JM Consulting team are keeping abreast of the potential and planned changes. If you would like to discuss this or book a review of your current policies and practices, please contact judith@jm-consulting.co.uk.
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